Is Nike ripping off good design?

In celebration of our move to Chicago, we recently purchased the Chicago neighborhood poster from Ork Posters. I am very enamored with the poster’s design, but then I ran across an interesting t-shirt from Nike.

Check it out after the cut!

So the t-shirt is about the Chicago marathon, but it looks rather familiar.

Ork says they did not design the t-shirt themselves, so someone at Nike has to have done it. Whoever designed it obviously took a liking to Ork’s work.

So they say that imititation is the sincerest form of flattery, but is this fair or foul?